Does the Remax franchise agreement allow franchisees to represent that they have the authority to bind or obligate REMAX Regional or REMAX, LLC in any way?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
REMAX, LLC and REMAX Regional reserve all rights not specifically granted to you in this Agreement.
By way of example and not in limitation of the foregoing, nothing contained in this Agreement shall be deemed, expressly or by implication, to restrict in any way the right of REMAX Regional or REMAX, LLC or any of our or REMAX, LLC's Related Parties, now or in the future, from engaging in any business activities whatsoever, without limitation as to location, medium or trade channels; and from using the RE/MAX Marks and other proprietary rights in our or REMAX, LLC's other business activities without limitation; and from selling or offering any products or services under the RE/MAX Marks, or under any other trademarks, service marks or trade dress, or through other trade channels.
You acknowledge that REMAX Regional and REMAX, LLC retain all rights to establish or acquire, or authorize others to establish or acquire, additional real estate brokerage office locations or other operations without regard to proximity to the Premises and that such market development and expansion is an integral part of the marketing concept underlying REMAX Regional's and REMAX, LLC's business.
Nothing contained in this Agreement shall be deemed, expressly or by implication, to grant to you any type of exclusive or protected territory or any right to limit, control, or prevent REMAX Regional's or REMAX, LLC's right to own, operate, franchise, or license or in any other manner authorize the location and operation of real estate brokerage or other businesses at any location or in any medium whatsoever.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
Based on the 2025 Remax Franchise Disclosure Document, the agreement explicitly reserves specific rights to REMAX, LLC and REMAX Regional, implying that franchisees do not have the authority to represent that they can bind or obligate these entities unless specifically granted in the agreement. This reservation of rights ensures that Remax maintains control over its brand, business activities, and market development.
The franchisor retains the right to engage in any business activities, use the RE/MAX Marks, and establish additional real estate brokerage office locations without granting franchisees any exclusive or protected territories. This means a Remax franchisee cannot claim any authority to restrict Remax's or its affiliates' business operations.
Prospective franchisees should be aware that the franchise agreement does not grant them the power to act on behalf of REMAX Regional or REMAX, LLC. Any actions or representations made by the franchisee must be within the scope of the rights and obligations explicitly outlined in the agreement. Franchisees should seek clarification from the franchisor regarding the extent of their authority and any limitations on their ability to represent the Remax brand.